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Madras High CourtWP(MD)/11044/2015disposed of

Murugesan, v. The Inspector Of Police

2015-07-02Honourable Mr Justice M.M.Sundresh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.07.2015

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH Writ Petition(MD)No.11044 of 2015 Murugesan ... Petitioner Vs The Inspector of Police, Uppiliyapuram Police Station, Trichy District.

... Respondent Prayer:- Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, to direct the respondent to grant permission and protection for cultural event namely Adalpadal scheduled to be held on 07.07.2015 at night in connection with "Aani Festival"in Arulmigu Sri Mariamman Kovil at Echampatti Village, Duraiyur Taluk, Trichy District.

For Petitioner : Mr.J.Jeya Aron Raja For Respondent : Mr.M.Murugan Government Advocate

ORDER

This Writ Petition has been filed seeking for the issuance of Writ of Mandamus, to direct the respondent to grant permission and protection for cultural event namely Adalpadal scheduled to be held on 07.07.2015 at night in connection with "Aani Festival"in Arulmigu Sri Mariamman Kovil at Echampatti Village, Duraiyur Taluk, Trichy District.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondent.

3. Learned counsel for the petitioner would submit that the petitioner is the resident of the above said village and one of the festival Committee member of the "Arulmigu Sri Mariamman Kovil at Echampatti Village, Duraiyur Taluk, Trichy District and every year "Aani Festival" of the above said village is being conducted by the villagers and this year also, the villagers jointly decided to conduct the said Festival, with "Aadal Padal cultural Programme" on 07.07.2015. In this connection, a representation was given on 30.06.2015 to the respondent police, with a request to grant permission to conduct "Aadal Paadal cultural programme" on 07.07.2015, however no order was passed by the respondent on the said representation and hence the petitioner is before this Court with this Writ Petition. The learned counsel for the petitioner further submitted that as the temple festival is celebrated in a peaceful manner by the villagers, there will be no untoward incident by the people of the village.

4. Mr.M.Murugan, learned Government Advocate appearing for the respondent, on instructions, would submit that the permission sought for by the petitioner may be granted with stringent conditions for maintaining law and order and also to avoid any untoward incident during performance of such programme.

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5. Having considered the facts and circumstances and the submissions made by the learned counsel for the petitioner and the learned Government Advocate appearing for the respondent, this court is of the view that necessary permission shall be granted to the petitioner and his Villagers to conduct "Aadal Padal cultural Programme" in connection with the festival of "Arulmigu Sri Mariamman Kovil at Echampatti Village, Duraiyur Taluk, Trichy District."

6. Accordingly, the Writ Petition is disposed of with the following directions:

(a) The cultural programme in connection with festival of the "Arulmigu Sri Mariamman Kovil at Echampatti Village, Duraiyur Taluk, Trichy District" to be held on 07.07.2015 between 06.00 p.m. and 10.30 p.m.

(b) There should not be any kind of obscene dance or vulgar dialogues during the performance, by anyone of the participants. (c) Double meaning songs should not be played so as to spoil the minds of students and youths.

(d) No dance or songs, touching upon any political party or religion or community or caste be played.

(e) No flex boards in support of any political party or communal leader be erected.

(f) The function should not affect either religious or communal harmony and shall be conducted without any discrimination based on caste. (g) If there is any violation of any one of the conditions imposed, the concerned police officer is at liberty to take necessary action, as per law and stop such performance; and (h) Similarly, the police is entitled to stop the dance programme, if it exceeds beyond the permitted time.

(i) The respondent is directed to issue necessary permission, incorporating the above conditions.

No costs.

Sd/- Assistant Registrar(Writs) /True copy/ Sub Assistant Registrar To The Inspector of Police, Uppiliyapuram Police Station, Trichy District.

+1cc to Mr.J.Jeya Aron Raja,Advocate SR.No. 35680 +1cc to Special Govt.Pleader SR.No.35693 W.P(MD)No.11044 of 2015 02.07.2015 ssl PA/SJW,06.07.2015/2P/4C (IT) https://hcservices.ecourts.gov.in/hcservices/